24/01/2022
Following parliamentary approval, the Highway Code is to update some of its rules this January. The changes will seek to protect the more vulnerable of road users and bring clarity to the priorities for everyone using the roads. Specific consideration is given to overtaking, passing distances, cyclist and pedestrian priority at junctions, opening vehicle doors and responsibility of all road users. The changes are intended as an interim measure, pending a larger scale review of the Code with the advent of new technologies changing the modes of transport available.
This phrase, used by the Department for Transport, is to clarify that those road users who can do the greatest harm have the greatest responsibility to reduce the danger or threat they may pose to other road users. The so-called H1 rule calls for more considerate road use and awareness of other road users by all.
Greater clarity of priorities is given to drivers, motorcyclists, horse riders and cyclists in rule H2, which states that at junction you should give way to pedestrians crossing or waiting to cross a road into which or from which you are turning.
You should also give way to pedestrians and cyclists crossing or waiting to cross at a zebra crossing. Cyclists should give way to pedestrians on shared use cycle tracks and to horse riders on Bridleways.
Only pedestrians, wheelchair and mobility scooter users should use the pavement.
Rule H3 reminds drivers and motorcyclists that they should not cut across cyclists, horse riders or horse drawn vehicles going ahead when you are turning into or out of a junction or changing direction or lane, just as you would not turn across the path of another motor vehicle. Do not turn at a junction if to do so would cause the cyclist, horse rider or horse drawn vehicle going straight ahead to stop or swerve.
Road users are reminded to use caution when overtaking horse riders or cyclists and to allow plenty of space. You really have to see cyclists as taking up the same space as a car and not skimp on overtaking space. Cyclists are advised to ring their bicycle bell or call out to warn pedestrians of their presence.
Cyclists are also advised that they can move into the centre of the lane of traffic under certain circumstances to allow themselves to be made more visible during certain manoeuvres.
With the amount of traffic increasing, the advent of quieter electric vehicles, a greater social awareness of the vulnerability of visually impaired, hearing impaired road users, the elderly, disabled and children, these measures seek to formalise some common sense and considerate actions that citizens should take to minimise the risk of accidents to all road users.
The encouragement by the Government to greener and healthier activities such as cycling and walking, and the post covid increase in cyclists on the road mean these changes will help clarify who has priority on the roadways. Responsibility versus vulnerability comes into play. For example, try using the 'Dutch Reach' to get out of your car and avoid vulnerable cyclists.
The Highway Code includes statements that are law, usually starting 'must' or 'must not', and statements that are strongly advised, and that can be taken into account in a court of law to determine liability, such as 'should' or 'may', 'do' or 'do not'. So you should take some time to familiarise yourself with the Highway Code.
Unfortunately, these changes don't seem to have been widely publicised and so increased awareness is needed by all road users to inform themselves of what is entailed. Some confusion could ensue. A large percentage of the driving population probably passed their driving test more than 10 years ago and haven't re-read or been aware of changes to the Highway Code since then. Unofficial 'courtesies' that have become common place to drivers may need re-considering in the light of the new changes. Think, for example, of a car waiting to turn left into a street and seeing a car approaching who wants to turn right into the same street. It's become common for the left turning car to flash the right turning car to go ahead and turn before them - but hey, what about the pedestrian wanting to cross on that street corner? They would have had to wait until the cars were both turned and the road was clear - now they have priority!
Be careful therefore and look out for information on these changes. Full details, which should be updated regularly, can be found on the government website here.
